08-03-1954 Regular Meeting 1431
REGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
August 3, 1954
A regular meeting of the Miami Shores Village Council was held
at 4:00 otclock P.M. , August 3, 1954, at the Village Hall, with the
following Councilmen present:
Mayor S. D. Phillips, Jr.
M. E. Reynolds
William-E. Carpenter
Michael J. Franco
Dean R. Claussen
Absent: None
Mr. Thomas H. Anderson, Village Attorney, was also present.
The following minutes were approved as written by motion duly
made and passed: regular meeting of July 20, 1954, Public Hearing of
July 20, 1954, Equalization Board meetings of July 21 and July 22, 1954,
and a special meeting of July 22, 1954.
The first business was the opening of the gasoline bids for the
supplying of gasoline to the Village during the next fiscal year. Notice of
opening bids was sent to eight oil companies with the following bids
received:
Orange State -Oil Co. Tankwagon price less $0. 012 per gal.
Standard flit Co. Tankwagon price less $0. 0125
Aeroland Oil Co. Tankwagon price
B'
Sinclair Refining Co. Tankwagon price less $0. 0125
Since we are now using Sinclair gas, Mr. Carpenter moved that
we leave the business with Sinclair inasmuch as their price meets all
others. Motion was seconded by Mr. Claussen and passed unanimously.
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Mr. Roland Allison of 177 N. E. 103rd Street, again appeared
before the Council in regard to the Lutheran Church parking lot immediately
east of his property. Mr. Allison contends that a variance has been permitted
since the parking lot does not adjoin the church property because it crosses
a dedicated alley. He further contends that it is prohibited by our zoning
ordinance under Section Z-7, Article III - Prohibited uses in residential
areas. After further discussion, the Council told Mr. Allison that they
did not wish to reverse their previous action in regard to this parking lot
as they felt it was necessary that the church use this land to provide off-
street parking.
Mr. Joseph W. Orchie and his attorney, Mr. Edward F. Boardman,
appeared before the Council in regard to Mr. Orchie's application for a
zoning variance to permit multiple family use on a building at the rear of
his property at 830 N. E. 91st Terrace. Mr. Boardman stated that this
is an isolated case and that it is a hardship case inasmuchas Mr. Orchie
did not know the zoning laws of the Village at the time he purchased the property.
He further stated that the residents in that area do not -object to this use.
The Village Manager gave the history of this property and pointed out the
various attempts that had been made to convert this building into rental
units without permit. It was Mr. Anderson's Opinion that Mr. Orchie hasn"t
proven it is a hardship case, that he is claiming a hardship because of his
failure to look up the law. Mr. Claussen couldn't see that it was a hardship
and thought it would set a very bad precedent at this time and in the future.
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After further discussion, Mr. Carpenter moved that the variance
be granted in accordance with Mr. Orchiets petition filed May 20, 1954,
namely that said variance will apply only to the building on the rear of the
property. The motion was seconded by Mr. Reynolds and passed by a 3/2
vote with Mr. Phillips and Mr. Claussen dis-senting. Mr. Franco then
made the statement that he had voted for this variance first, because of
the character of the neighborhood, secondly because of the location of the
property on the County line and third, because he does not believe a man
should be penalized for life for lack of special information.
At this point Mr. Carpenter left the meeting.
Mr. Robert Miller, who was previously given approval for permit
to build an office building for the Prudential Insurance Company on Lot 12,
Block 32, Miami Shores Subdivision, appeared before the Council to request
permission to make an extension to this building at a future time if requested
by his tenant. And in the event of an extension, 50 feet of parking to the
east would be necessary which Mr. Miller stated he is willing to use for
a parking lot from the 100 feet he is purchasing. Mr. Franco then moved
that the permit be granted on the basis of parking being provided for an
additional 1000 sq. ft. of usable floor area, or that a minimum of 50 front
feet be set aside for parking and that the permit to await suitable evidence
of ownership of the parking area east of the alleyway. Motion was seconded
by Mr. Reynolds and passed unanimously.
Mrs. Oscar Olson presented a petition bearing 12 signatures of
parents who request that a fence be erected around the playground at the
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Community House. The Council stated they would put this in the pians for
the overall improvement of the Community House, and it was taken under
advisement.
Mr. Shinn of the Shun Construction Co. appeared in regard to
the construction of a swimming pool on the grounds of the Miami Shores
Lodge. Recommendation for approval was giver, by the Planning Board
provided it is properly fenced. Discussion followed concerning the type
of fence and height. Mr. Claussen moved that permit be given to construct
the pool as per plan submitted as of this date subject to a fence being con-
structed
onstructed before completion of the pool, with a sketch of the fence to be
submitted for approval. Motion was seconded by Mr. Reynolds and passed
unanimously.
Mr. Spencer Rudnick asked if consideration had been given to
our regulations concerning real estate signs in the Village, For Sale signs,
Open signs, etc. He thought our ordinance should be brought up to date.
The Mayor instructed the Village Manager to bring a recommendation in
by the first meeting of September.
The Village Manager read a letter addressed to Miss Phil1is
Kapp in the form of a contract for the handling of the cotillion dances for
the coming year. Mr. Claussen: moved that we approve the letter submitted
by the Village Manager regarding Miss Phillis Kapp. Mr. Reynolds seconded
the motion and it was passed unanimously.
A notice of public hearing had been received from the Florida
Railroad and Public Utilities Commission concerning a passenger station
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to be constructed in North Miami. Mr. Reynolds moved that the Village
Attorney be instructed to attend this hearing and voice objection on the part
of Miami. Shores Village to a railroad station south of the Dade-Broward
County line. Motion was seconded by Mr. Clau.ssen and passed unanimously.
This action was taken because the Council feels the railroad should be moved
to the west of all urban development.
Concerning appointments of Municipal Judges for the coming fiscal
year, Mr. Reynolds moved that we re-appoint the three judges as they now
stand. Motion was seconded by Mr. Claussen and passed unanimously.
No action was taken on the appointment of two Planning Board
members.
To continue with unfinished business the Mayor called a meeting
of the Council for next Tuesday„ August 10th at 7:30 P. M.
Instructions were given that an amendment to the zoning ordinance
as recommended by Mr. Pomeroy be prepared for adoption at the next
regular meeting on August 17th.
After a review of the July bills, Mr. Reynolds moved that they
be approved. The .motion was seconded by Mr. Franco and passed
unanimously.
The meeting was adjourned at 6:35 P. M.
Deputy Cle
Approved:
V ge Manager aAd Clerk
APPROVED:
Mayor '
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